P.R. Laws tit. 34, § 1724v

2019-02-21 00:00:00+00
§ 1724v. Property not subject to forfeiture—Rental vehicles and vehicles whose possession is not assigned voluntarily by the owner

A short-term rental vehicle from an accredited company, that is used to commit a crime for which the law authorizes the seizure thereof, shall not be subject to forfeiture unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who rents or operates it. It shall be understood that a vehicle has been rented for a short term when said rental does not exceed three (3) months, including the renewals, extensions, or modifications of the rental agreement.

In order for an accredited vehicle rental company to claim this defense, it must have verified that the lessor of the vehicle, when it is a natural person, was an authorized driver pursuant to the laws of the Commonwealth of Puerto Rico. In the file of the rental unit, said company shall include a photograph of the person to whom the vehicle was delivered, or an unequivocally clear photocopy of the driver’s license which qualifies him/her as an authorized driver according to the laws of the Commonwealth of Puerto Rico. Said files, including the photographs, shall be made available for inspection by any Commonwealth or federal official during an investigation.

A stolen or unlawfully taken vehicle shall not be subject to forfeiture, unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who stole it or unlawfully took the vehicle.

If a forfeiture is not warranted due to the aforementioned circumstances, during the criminal or in personam action taken against the wrongdoer, when rendering judgment, the Judge shall impose on the convict the responsibility of paying, to the Commonwealth of Puerto Rico, the appraisal value of said vehicle as an additional punishment. The court shall order that notice of the judgment be sent to the Department of Justice and the Department of the Treasury so that they may, if necessary, request the execution thereof, as provided in the Rules of Civil Procedure, as amended.

History —July 12, 2011, No. 119, § 25.